logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2016.08.09 2016고단248
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 10, 2016, at around 06:30, the Defendant met the victim D (tentative name, 20 years of age) who is working at CJ from the house located in the Defendant’s seat B B B lending 203 on April 10, 2016, and met the victim’s sexual organ by enjoying the victim’s sexual organ on his/her own panty line, putting the victim’s grandchildren into a panty line, and committed indecent act by force by putting the victim’s grandchildren into an resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing recording records;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (4) of the Act on Special Cases concerning the Protection and Observation of Victims of Social Service Orders and the Punishment, etc. of Sexual Crimes (hereinafter referred to as "Sexual Crimes Punishment Act");

1. Where a conviction of the Defendant against the crime in the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 16(2) of the Punishment of Sexual Violence Act is finalized, the Defendant is a person subject to registration of personal information under Article 42(1) of the Punishment of Sexual Violence Act, and the Defendant is obligated to submit personal information to a related agency in accordance with Article 43 of the Punishment of Sexual Violence Act.

In light of the Defendant’s age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, degree and anticipated side effects of the Defendant’s entry due to an order to notify the disclosure of personal information, thereby comprehensively taking into account the Defendant’s age, occupation, and risk of recidivism, the method and consequence of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entry as a result of the order to notify the disclosure of personal information, and the effectiveness of preventing sexual crimes subject to registration and protecting the victims, there is “any special circumstance that may not disclose personal information” provided for in Articles 47(1) and 49(1) proviso of the Punishment of Sexual Violence Act, the proviso to Article 49(1) and the proviso to Article 50(1

Since it is judged, the order of disclosure and notification should not be issued to the defendant.

arrow